[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR780.126]

[Page 573]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 780_EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL 
 
                 Subpart B_General Scope of Agriculture
 
Sec. 780.126  Contract arrangements for raising poultry.

    Feed dealers and processors sometimes enter into contractual 
arrangements with farmers under which the latter agree to raise to 
marketable size baby chicks supplied by the former who also undertake to 
furnish all the required feed and possibly additional items. Typically, 
the feed dealer or processor retains title to the chickens until they 
are sold. Under such an arrangement, the activities of the farmers and 
their employees in raising the poultry are clearly within section 3(f). 
The activities of the feed dealer or processor, on the other hand, are 
not ``raising of poultry'' and employees engaged in them cannot be 
considered agricultural employees on that ground. Employees of the feed 
dealer or processor who perform work on a farm as an incident to or in 
conjunction with the raising of poultry on the farm are employed in 
``secondary'' agriculture (see Sec. Sec. 780.137 et seq. and Johnston 
v. Cotton Producers Assn., 244 F. 2d 553).